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Home My WebLink About1987-05-26 Resolution #2184% ^ '.')**.5P»- City of ORONO V : ^ L ^ <1 » ^ t RESOLUTION OF THE CITY COUNCIL N<J. 2184_________ i*'2' A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.25,. SUBDIVISION 6 (B) AND 10.22, SUBDIVISION 1 AND 2 FILE 11138 WBBRBAS, Ronald E. Demshar (hereinafter "the applicant") is the owner of the property located at 2821 Casco Point Road within the City of Orono (hereinafter "City") and legally described as follows: Lot 118, Spring Par)c, and that part of La)ce Shore Avenue, now vacated, lying between extension across it of the side lines of said lot and including the land between said vacated avenue and the shore of Lalce Minnetonica, lying between extensions across said strip cf land of the side lines of said Lot 118, according to the recorded plat thereof on file or of record in the office of the Register of Deeds, in and for Hennepin County, Minnesota, (hereinafter "the property"); and NBBRBAS, the applicant has applied to the City for variances to Municipal Zoning Code Section 10.25, Subdivision 6 (B) and Section 10.22, Subdivision 1 and 2 to permit the construction of a 12'x24* ground level declc, a 28*x47* second story over the existing house, and a 12*x31* attached garage addition; the second story addition requiring 5.6' and 3.4* right and side setbacics respectively where 10' side setbac)cs are normally required, and requiring an average la)ceshore netbaclc encroachment variance of 18' where no average la)ceshore setbac)c encrcaclunent is normally allowed; the attached garage addition requiring a '^.2' right side setbacic where 10* side setbacic is normally required; and the additions in total requiring a variance for excessive hardcover in the 75-250' lalceshore setbacic zone where only 25% hardcover is normally allowed. Minnesota t MOM, TBBBBFORB, BB IT RB80LVBD by the City Council of Orono, FINDINGS 1. This application was reviewed as Zoning Pile 11138. 2. The property is located in the LR-IC Single Family Lakeshore Residential Zoning District. 3. The Orono Planning Commission reviewed this application on May 4, 1987, and recommended approval of the proposed variances based upon the following findings: A) The second story addition over the existing house will have no detriawmtal effect on any neighboring views of the lake. Page 1 of 5 ♦! City of ORONO V / i- RESOLUTION OF THE CITY COUNCIL NO. 2184_____ ------------------- r>Jr;?U . ^Si B) The ground level deck proposed on the lake side of the house will have no railing and will have no effect on neighboring views of the lake. C) Applicant requests to keep the existing detached garage for storage because the existing house has only a 300 s.f. basement hence existing storage is limited. • D) Planning Commission finds that it is appropriate to allow applicant to keep the existing garage during construction of the additions* but that there are no hardships demonstrated to justify retention of that detached garage once the new attached garage is completed. E) Upon removal of the detached garage* applicant's 75-250* hardcover will revert to a total of 54.4%* or a 1.5% increase over the pre-existing 52.9%. 4. The City Council finds no hardship to justify an increase in 75- 250* hardcover* and finds that it is feasible to remove existing hardcover so that there is no net increase. 5. The City Council has considered this application including the findings and recommendations of the Planning Commission* reports by City staff* comments by the applicant and the effect of the proposed variance on the health* safety and welfare of the community. 6. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions* light* air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant* but is necessary to alleviate a deiaon- strable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. C0IICUI8X0HS* OM>n AMD COMDITIOHS Based upon the above findings* the Orono City Council hereby grants variances to the Municipal Zoning Code Section 10.25* Subdivision 6 (B) and Section 10.22* Subdivision 1 and 2 to permit the construction of a 12'x24* ground level deck* a 28*x47* second story over the existing house* and a 12'x31* attached garage addition; the second story addition requiring 5.8* and 3.4* right and side setbacks respectively where 10* side setbacks are normally required* and requiring an average lakeshore setback encroachment variance of 18* where no average lakeshore setback encroachsMnt is normally allowed; the attached garage addititMi requiring a 9.2* right side setback where 10* side setback is normally required; and the additions in total requiring a variance for excessive hardcover in the 75-250* lakeshore setback zone where only 25% hardcover is normally allowed* subject to the following conditions; Page 2 of 5 V • ,-i ftm ■ city of ORONO fc.: > V RESOLUTION OF THE CITY COUNCIL NO. 2184_ _ _ _ _ 1. Hardcover on the property shall be allowed as follows: 0-75' Zone Stairs Platform Shed 72 s.f. 32 s.f. 48 s.f. 152 s.f. or 3.4% (No changes from existing) 75-250' Zone Existing House Attached Garage/Addition Sidewalks Block Retaining Wall Driveway Deck on West Side of House 1,860 s.f. 372 s.f. 452 s.f. 26 s.f. 1,952 s.f. 286 s.f. 4,952 s.f. or 52.9% Applicant is advised that no future {.ddltional hardcover will be approved on the property and that any future proposals for additional hardcover will not be approved, but might be approved only with concurrent removals of existing hardcover. 2. Applicant is advised that the existing shed and platform at the lakeshore are considered non-conforming structures and are subject to the pertinent ordinances governing such structures. 3. The existing detached garage shall be removed no later than Nay 1, 1966 and that area shall revert to grass non-hardcover immediately upon removal of the garage. The 143 s.f. removal of driveway hardcover shall also occur by May 1, 1986. 4. Authorities granted with this resolution run with the property not with the applicants, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (Nay 26, 1966). 5. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the Boning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemanor. Pmnm "I nf ^ «A City of ORONO RESOLUTION OF THE CITY COUNCIL NO.2184 undersigned applicants have read, understood and hereby agrees to the terns of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the chain title of the property. Adopted by the Orono City Council on this 26th day of May, 1907. / ot|Hf-jM;"7hal^in/ City Clerk i ^-mu; ii—UMihiV Jamies R. Grabek, Mayor Pif^^rlfy Owner(8) I / 4 <■ STATE “op MINNESOTA COUNTY OF HENNEPIN ) City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2184 _________ ) ) ss. On this 4th _______________ day JllM --------—----------------------'before me a Notary Public within and for said county, personally » • _ ^ ^ ^ _ _ _ _^ __ _ _ _ _ _Vnnwn i-o mA t,0 beDeiore me a wui-ax/ ruwxxv. ----------------------------' -----4.^ k1 appeared R. Demshar & Margaret Martin Dnmahar known to me to oe the person(s) described in and who executed the foregoingthe personis) aescnoeu xn auu wim-p w..w ------^ instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. MY COMMISSION EXPIRES STATE OF MINNESOTA ) )SS. COUNTY OP HENNEPIN ) On this day of __ _ _ _ _ _ _ _ _ _» 198_, before me a Notary Public within and for said County, personally appeared known to me to be the Mraonls) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC MY COMMISSION EXPIRES Rage 5 of 5